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Calcutta High CourtCRM (A)/4193/2023allowed

Sk. Sakir @ Sk Sakir Hosen And ANR. v. State Of West Bengal

2023-10-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

13.10.2023 D/L 34 Ct. No.29 (Allowed) (SKB) CRM (A) 4193 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Pursurah P. S. Case No.117 of 2022 dated 22.07.2022 under Sections 447/323/326/354B/307/379/ 504/34 of the IPC (G.R. Case No. 8270 of 2022). In the matter of : Sk. Sakir @ Sk Sakir Hosen and another ... Petitioners Mr. Suddhadev Adak, Ms. Arpita Mondal ... for the petitioners Mr. Prasun Kr. Datta, ld. APP Mr. Nirupam Dhali ... for the State

1. Heard learned advocates for the parties.

2. The incident as involved in this case occurred on account of cutting of trees by co-neighbours. It is fairly submitted at the Bar that the victims of the aforesaid incident suffered cut injuries on their respective foreheads without involving bone.

3. Investigation is stated to have been completed in the meantime.

4. Custodial interrogation of the present petitioners is no more necessary.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of injury as discussed supra and

completion of investigation, it is directed that each of the petitioner shall surrender before the learned ACJM, Arambagh, Hooghly in G.R. Case No.8270 of 2022 arising out of the aforesaid P.S. case within 15 days from today. On their surrender and application for bail, they shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The applications being CRM(A) 4193 of 2023 is disposed of.

8. The learned court below is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)